Hi, i know where my husband cheat with old woman, i know the house, he cheat at the neighborhood house, what can i do legally? Just watch him cheating? or cheating is illegal in California and i can do something about it?
If i cant do anything about it and want to file for divorce "after 6 years marriage" is it true like my husband says i will need to pay him monthly after divorce in case i'm the one i take the initiative and file for divorce? i don't believe what he is saying but if what he is saying is true that's why probably he do not want to file for divorce , Correct me if i'm wrong and Thank you so much
It is not illegal to have an extramarital affair in California. Spousal support is not determined based on who files for divorce first. Spousal support is determined primarily based on whether one spouse earns more income than the other spouse.
Depends on what you mean by "cheating." There are laws that make it illegal to get money by lying to someone, or by defrauding an elderly person. You can make a police report.
In a divorce, it doesn't matter who filed first. Support is determined by the court based on a number of factors, like the length of marriage, whether there are kids and who they live with, and which spouse makes more money. Sounds like you should consult with a divorce attorney in your area.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney. Free consultation only applies to potential clients with a criminal case within 100 miles of Chico, California.
While there may be adultery statutes still in effect, no prosecutor normally prosecutes them.
As for spousal support, that depends upon whether you are the sole income producer for the family and a lot of other important distinctions.
I suggest you speak to a Divorce Attorney right away.
This answer does not form an attorney/client relationship with anyone and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.
If "cheating" (having an extra-marital affair) was a criminal offense, there would be more jails than 7-11's which are basically on every neighborhood corner. Fortunately, it's NOT a criminal offense.
Insofar as your other questions, those pertain to Family Law and I do not provide legal advice nor input outside the scope of my legal expertise except to suggest that you consult with another attorney in that area of the law.
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